Item F2 F2
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE
u,.. 9 Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
- James K. Scholl,District 3
' David Rice,District 4
Board of County Commissioners Meeting
June 21, 2023
Agenda Item Number: F2
2023-1050
BULK ITEM: Yes DEPARTMENT: County Land Acquisition And Land
Management
TIME APPROXIMATE: STAFF CONTACT: Beth Bergh
NA
AGENDA ITEM WORDING: Approval to Rescind a Partial Release of State Land Management
Lease No. 4549 between Monroe County and the State of Florida for the Release of Management of
Certain State-owned Conservation Lands which was approved by the BOCC on June 15, 2022
ITEM BACKGROUND:
In June 2022, at the State of Florida's request, the BOCC reviewed and approved a partial release of the
existing State Lands Management Lease between the State of Florida and Monroe County(Lease No.
4549), attached hereto. The State initiated the partial release in order to remove twelve (12) State-
owned parcels that are currently managed by the County under the Lease. The Florida Fish & Wildlife
Conservation Commission ("FWC") requested management of the subject parcels since they are within
areas already managed by the FWC.
After the BOCC's approval in June 2022, the partially executed release was sent to the State, however, it
has never been fully executed by the State due to an apparent error in the document. The State has
informed the County that they will be revising the document and will be forwarding a revised release to
the County for execution once they have completed their revisions. Therefore, the Land Steward's
office is requesting that the BOCC rescind the original version of the release that was approved last
year.
PREVIOUS RELEVANT BOCC ACTION:
October 17, 2007—Approval of lease agreement(i.e., Lease No. 4549) between Monroe County and
the State of Florida for the management of certain State-owned conservation lands in the "Florida Keys
Ecosystem" and"Coupon Bight"Florida Forever Projects
March 18, 2009—Approval of Amendment No. 1 to Lease No. 4549 for the management of certain
State-owned conservation lands
April 19, 2018—Approval of Amendment No. 2 to Lease No. 4549 for the management of certain
2292
State-owned conservation lands
April 17, 2019—Approval of Amendments Nos. 3 and 4 to Lease No. 4549
December 11, 2019—Approval of Amendments Nos. 5 and 6 to Lease No. 4549
May 20, 2020—Approval of Amendments Nos. 7 and 8 to Lease 4549
December 8, 2021 —Approval of Amendments Nos. 9 & 10 to Lease 4549
February 16, 2022—Approval of Amendments Nos. 11 & 12 to Lease 4549
June 15, 2022 - Approval of Partial Release of State Lands Management Lease 4549
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Partial Release Approved June 2022.pdf
FINANCIAL IMPACT:
NA
2293
This Partial Release of Lease was prepared by:
Jay Sircy
Bureau of Public Land Administration
Division of State Lands
Department of Environmental Protection,MS 130
3900 Commonwealth Boulevard,
Tallahassee,Florida 32399-3000
AID#44932
PROL1 (vl.0)
[8.55+/-acres]
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
PARTIAL RELEASE OF LEASE NUMBER 4549
STATE OF FLORIDA
COUNTY OF MONROE
The undersigned lessee on the day of 120 , do(es) hereby quitclaim, release and surrender unto
lessor all right,title and interest in and to the leasehold estate of the lands described in Exhibit"A"attached hereto,which are a
portion of the lands leased under Lease Agreement Number 4549, dated November 14, 2007, between the BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as LESSOR, and
MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, as LESSEE, effective the day of
,20_
This partial release may be executed by electronic signature,which shall be considered as an original signature for all purposes
and shall have the same force and effect as an original signature.Without limitation, "electronic signature"shall include faxed
versions of an original signature or electronically scanned and transmitted versions(e.g.,via pdf)of an original signature.
[This space intentionally left blank;signature page follows]
2294
IN WITNESS WHEREOF,the parties have caused this Partial Release of Lease to be executed on the day and year
first above written.
"LESSOR" "LESSEE"
BOARD OF TRUSTEES OF THE INTERNAL MONROE COUNTY,FLORIDA,a political
IMPROVEMENT TRUST FUND OF THE STATE subdivision of the State of Florida
OF FLORIDA By its Board of County Commissioners
(SEAL) (SEAL)
BY: BY:
Brad Richardson, Chief,Bureau of Public Land David Rice,Mayor
Administration,Division of State Lands, State of
Florida Department of Environmental Protection,as
agent for and on behalf of the Board of Trustees of the
Internal Improvement Trust Fund of the State of MONR O, 17OR �'
Florida. mr TO FORM
04-21-2022 . ASSISTANT _ ....
Approv subject to proper, e tion PETER 9�ORRIS
O ATTORNEY
BY: 5/27/22
DEP orney Date
Page 2 of 8
Partial Release of Lease No.4549
2295
EXHIBIT "A"
All of those lands described in Official Records Book 2254, page 658 of the Public Records of
Monroe County, Florida, described as follows:
Lots 11 and 12, Block 12, Ramrod Shores, First Addition, according to the plat thereof recorded
in Plat Book 4, at page 51, of the Public Records of Monroe County, Florida.
Florida Keys Ecosystem Page 1 of 1 Partial Release of Lease 4549
Page 3 of 8 2296
Partial Release of Lease No.4549
All of those lands described in Official Records Book 2219, page 1310 of the Public Records of
Monroe County, Florida, described as follows:
Parcel No. 1 according to the map entitled Hilda Subdivision, prepared by Raul Barreto, Land
Surveyor, Miami, Florida, dated February 22, 1977, a copy of said map being attached to a
certain Special Warranty Deed and recorded in Official Records Book 727, page 436, Monroe
County, Florida, being more particularly described as follows:
Commencing at the Southwest corner of Section 25, Township 66 South, Range 27 East;
thence North along the west line of said Section 25 a distance of 1075.00 feet; thence East
500.00 feet; thence North 215.00 feet to the POINT OF BEGINNING; thence continue North
215.00 feet; thence East 120.00 feet; thence South 215.00 feet; thence West 120.00 feet to the
POINT OF BEGINNING.
AND:
Parcel No. 3 according to the map entitled Hilda Subdivision, prepared by Raul Barreto, Land
Surveyor, Miami, Florida, dated February 22, 1977, a copy of said map being attached to a
certain Special Warranty Deed and recorded in Official Records Book 727, page 437, in Monroe
County, Florida, being more particularly described as follows:
Commencing at the Southwest corner of Section 25, Township 66 South, Range 27 East;
thence North along the west line of said Section 25 a distance of 1075.00 feet; thence East
620.00 feet; thence North 341.00 feet to the POINT OF BEGINNING; thence continue North
89.00 feet; thence East 150.00 feet; thence South 89.00 feet; thence West 150.00 feet to the
POINT OF BEGINNING.
AND:
Parcel No. 4 according to the map entitled Hilda Subdivision, prepared by Raul Barreto, Land
Surveyor, Miami, Florida, dated February 22, 1977, a copy of said map being attached to a
certain Special Warranty Deed and recorded in Official Records Book 727, page 436, Monroe
County, Florida, being more particularly described as follows:
Commencing at the Southwest corner of Section 25, Township 66 South, Range 27 East;
thence North along the west line of said Section 25 a distance of 1075.00 feet; thence East
620.00 feet; thence North 278.00 feet to the POINT OF BEGINNING; thence continue North
63.00 feet; thence East 150.00 feet; thence South 63.00 feet; thence West 150.00 feet to the
POINT OF BEGINNING.
AND:
Parcel No. 5 according to the map entitled Hilda Subdivision, prepared by Raul Barreto, Land
Surveyor, Miami, Florida, dated February 22, 1977, a copy of said map being attached to a
certain Special Warranty Deed and recorded in Official Records Book 727, page 436, Monroe
County, Florida, being more particularly described as follows:
MAC
Florida Keys Ecosystem Page 1 of 4 Partial Release of Lease 4549
Page 4 of 8
Partial Release of Lease No.4549 2297
Commencing at the Southwest corner of Section 25, Township 66 South, Range 27 East;
thence North along the west line of said Section 25 a distance of 1075.00 feet; thence East
620.00 feet; thence North 215.00 feet to the POINT OF BEGINNING; thence continue North
63.00 feet; thence East 150.00 feet; thence South 63.00 feet; thence West 150.00 feet to the
POINT OF BEGINNING.
AND:
A parcel of land known as Lot 35, Block 12, according to the map thereof in title North Sugarloaf
Acres Section 2, in Section 25 and 26, Township 66 South, Range 27 East, a copy of said map
being attached to a certain Special Warranty Deed and recorded in Official Records Book 427,
page 1048 and 1049, of the Public Records on Monroe County, Florida, being more particularly
described as Parcel No. 6 according to the map thereof entitled Hilda Subdivision, prepared by
Raul E. Barreto, Land Surveyor, P.O. Box 59-2203, Miami, Florida, dated February 22, 1977, a
copy of said map being attached hereto and made a part hereof, said parcel more particularly
described as follows:
Begin on the Southwest corner of Section 25, Township 66 South, Range 27 East; thence North
1075 feet; thence East 620 feet; thence North 152.00 feet to the POINT OF BEGINNING;
thence North 63.00 feet; thence East 150.00 feet; thence South 63.00 feet; thence West 150.00
feet to the POINT OF BEGINNING.
LESS the Easterly 25 feet thereof for Road Easement.
AND:
Parcel No. 7 according to the map entitled Hilda Subdivision, prepared by Raul Barreto, Land
Surveyor, Miami, Florida, dated February 22, 1977, a copy of said map being attached to a
certain Special Warranty Deed and recorded in Official Records Book 727, page 436, Monroe
County, Florida, being more particularly described as follows:
Commencing at the Southwest corner of Section 25, Township 66 South, Range 27 East;
thence North along the west line of said Section 25 a distance of 1075.00 feet; thence East
620.00 feet; thence North 89.00 feet to the POINT OF BEGINNING; thence continue North
63.00 feet; thence East 150.00 feet; thence South 63.00 feet; thence West 150.00 feet to the
POINT OF BEGINNING.
AND:
All of those lands described in Official Records Book 2326, page 550 of the Public Records of
Monroe County, Florida, described as follows:
A part of Government Lot 5, Section 15, Township 67 South, Range 27 East on Sugarloaf Key,
Monroe County, Florida, and being more particularly described as follows:
Beginning at the intersection of the East end of the South line of said Government Lot 5 and the
West shore line of the Straits of Florida; thence Westwardly along the said South line 691.10
feet to the located POINT OF BEGINNING, running thence Northwardly, measured at right
angles from said South line, 25 feet; thence Eastwardly, parallel to said South line, 306.15 feet;
MAC
DATE: ,a,,,t,tIC1'26.2022
Florida Keys Ecosystem Page 2 of 4 Partial Release of Lease 4549
Page 5 of 8
Partial Release of Lease No.4549 2298
thence North 20 degrees, 30 minutes West, a distance of 585.5 feet to a point on the
Southwesterly right-of-way line of State Road 4A; thence Southwardly along said right-of-way
line, on a curve concave to the Northwesterly, having a radius of 402.13 feet, a distance of 1.16
feet to the end of said curve; thence Southwardly along said right-of-way line, tangent to the
preceding curve, 1609.11 feet to the point of intersection on the South line of said Government
Lot 5 and said right-of-way line; thence Eastwardly along said South line a distance of 170 feet,
more or less, to the point of intersection of the said South line and the Northerly shoreline of
said Straits; thence Eastwardly along the said Northerly shore line a distance of 1300 feet, more
or less, to the located POINT OF BEGINNING.
EXCEPT THE FOLLOWING DESCRIBED LAND:
Beginning a the Southeasternmost corner of Government Lot 5, Section 15, Township
67 South, Range 27 East, run West along the South line of said Government Lot 5,
375.60 feet to a point; thence run North 20 degrees and 30 minutes West, 636.20 feet,
more or less, (as surveyed, 611.11 feet) to a point on the Southerly right-of-way line of
Old State Road No. 4A, said point being the POINT OF BEGINNING of the lands being
described; from said POINT OF BEGINNING, run South 20 degrees and 30 minutes
East, 609.55 feet, more or less, (as surveyed, 584.42 feet) to a point; thence run West
along a line parallel to and 25 feet North of the South line of said Government Lot 5,
306.15 feet to a point; thence run North 20 degrees and 30 minutes West (as surveyed,
486.80 feet) to a point on the Southerly right-of-way line of Old State Road 4A; thence
run Easterly (as surveyed, 286.94 feet) along the Southerly right-of-way line of Old State
Road 4A, back to the POINT OF BEGINNING.
ALSO LESS AND EXCEPT:
Beginning at the intersection of the East end of the South line of said Government Lot 5
and the West shore line of the Straits of Florida; thence N 89' 34' 50" W along the said
South line 691.10 feet; thence N 000 25' 10" E, measured at right angles from said South
line, 20.00 feet; thence N 19' 45' 16" W, a distance of 19.35 feet, for a POINT OF
BEGINNING; thence continue N 190 45' 16" W, 110.00 feet; thence S 550 46' 08" W,
20.00 feet; thence S 080 28' 51" E, 93.00 feet; thence S 89' 34' 50" E, a distance of
40.00 feet, to the POINT OF BEGINNING.
AND:
All of those lands described in Official Records Book 2388, page 1310 of the Public Records of
Monroe County, Florida, described as follows:
Lot 43, Block 11, all according to the map thereof entitled No. Sugarloaf Acres, Sec. Two, in
Sections 25 and 36, Township 66 South, Range 27 East, on Sugarloaf Key, prepared by C.G.
Bailey & Associates, Land Surveyors, Marathon, Fla. Dated February 17, 1969, a copy of said
MACDATE"���..
Florida Keys Ecosystem Page 3 of 4 Partial Release of Lease 4549
Page 6 of 8
Partial Release of Lease No.4549 2299
map being attached to a certain Special Warranty Deed recorded in Official Record
Book 427, pages 1048 and 1049, of the Public Records of Monroe County, Florida.
Florida Keys Ecosystem Page 4 of 4 Partial Release of Lease 4549
Page 7 of 8
Partial Release of Lease No.4549 2300
All of those lands described in Official Records Book 2274, page 1497 of the Public Records of
Monroe County, Florida, described as follows:
The Northeasterly 40 feet of Lot 4, LESS the Northwesterly 386 feet, Tavernier Acres, a
subdivision recorded in Plat Book 2, Page 49, Public Records of Monroe County, Florida.
AND:
All of those lands described in Official Records Book 2369, page 1746 of the Public Records of
Monroe County, Florida, described as follows:
The Southeasterly 80 feet of the Northwesterly 306 feet of the Northeasterly 40 feet of Lot 4,
Tavernier Acres, a subdivision recorded in Plat Book 2, Page 49, Public Records of Monroe
County, Florida.
LESS AND EXCEPT:
Commence at the Northeasterly corner of Lot 4, Tavernier Acres, a subdivision recorded
in Plat Book 2, Page 49, Public Records of Monroe County, Florida; thence run N 49' 48'
56" W along the Northerly line of said Lot 4, a distance of 317.23 feet for a POINT OF
BEGINNING; thence continue N 49' 48' 56" W, 4.00 feet; thence S 40' 11' 04" W, 40.00
feet; thence S 49' 48' 56" E, parallel with said Northerly line of Lot 4 and 40.00 feet
Southwesterly therefrom, a distance of 11.00 feet; thence N 30' 15' 29" E, a distance of
40.61 feet to the POINT OF BEGINNING.
Also LESS AND EXCEPT:
Commence at the Northeasterly corner of Lot 4, Tavernier Acres, a subdivision recorded
in Plat Book 2, Page 49, Public Records of Monroe County, Florida; thence run N 49' 48'
56" W along the Northerly line of said Lot 4, a distance of 241.23 feet for a POINT OF
BEGINNING; thence continue N 49' 48' 56" W, 6.00 feet; thence S 370 19' 19" W, 40.05
feet; thence S 490 48' 56" E, parallel with said Northerly line of Lot 4 and 40.00 feet
Southwesterly therefrom, a distance of 4.00 feet; thence N 40' 11' 04" E, a distance of
40.00 feet to the POINT OF BEGINNING.
s,u <7.bra....._
:AI E January 7 1,2022
Florida Keys Ecosystem Page 1 of 1 Partial Release of Lease 4549
Page 8 of 8
Partial Release of Lease No.4549 2301
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